Western Sun & General Advertiser, Volume 22, Number 18, Vincennes, Knox County, 11 June 1831 — Page 4

5 FOR TtlF WESTERN SUN. Mr. Stout. If you think the following l'.aes Mrorth a publication in oiir paper. V( u will gratifv an "Ol 1 Maid" bv inserti ijr them. Thev m;iv serve as a lessr riirv m:v trrvi . -i Usnn tn -.orr.c of the "younger ones" not a thousand m.h s from this village. "A stitch in time saves nice, says the old adage. Yours, ccc. T. A. TUG OLD MAID'S LAMENTpor old maid, a pcxn- old "laid. What shall a pour old maiden do? If I could wed. It should ne'er be said That I pass'd tny days in 'tmle" woe. The beaux indeed are very scarce, At least to we it so appears; I am sorely afraid 1 shall die an old maid: Such thoughts as thce increase my fears. Bnt I'm the only one to blame. To think of it my brain dees burn; I "kick'd" at the men, They think it then Their time to "kick" at me in turn. Had I my days to live again, I would not do as I have done; A handsome young man Would be just "the plan," Bat ah! my marrying days are one ! Young maidens from me a lesson learn, "oVgf" not a man because he's poor; But think it no sia To invite him in, Instead of driving him from the door. I wish that a handsome nice young man, Like a fool would petition for my heart; j I'd quicklv jump, And vow from him I'd never part. And even a gouty old B ichelor, A man grey-headed, deaf and blind, I would freely marry. Before I would tai rv, So much to wedlock am I inclin'd. once, Now make up your minds to marry at Instead of delaying from day to day; If I've been a fool. Don't follow the rule. But resolve to marry right away! T A BIT! I A ALLSOP. Yir.cennes, June, 1831. TOR THE WKSTKRN' SUN'. THE OLD BACHELOR. 11 'TV-v said the horiion of a ni'ife Is nought hut quarrelling and strife. Ovid. Happy the maD, who free from cares, Passes in peace his latter years; Descending slow the hill of life, Without that zi-orst ot plagues a v-'if?! Him no discordant cries awakeNo children squalling for a cake; And when his evening rest he takes, No scolding wife his slumber break". He sleeps upon his couch Kt ease, While all is quiet all is peace: No sons, impatient for his death. Anxious await his parting breath. The Bachelor considers this. The height cf every human blic;, Hetreadithe mazy paths of li;e, Unblessed by "Heaven's bjst gift -rt wife" Whose heart an equal share sustain?, In all his joys, in all his pains No infant lips (in accents mild.) JLisp out "Papa" he has no child' No daughter tends his latter du s No son a father's care repays; Unfelt the choicest gift of Jov? , iie knows net vrhat it is to IoV vinci:nni:s bard. Vincenncs, June, 2 S3 1. Out ofy The vocahularlv of or.r mother tongue doe? not present moro thril1 inn words to a printer, than the two at The head of this article. Teehnicallv. ihey hi fact belong to his profession, and are sounded in his ears incessantly: and literally, they seem incorporated w ith hi existence: he is always to the- l'outs" seme way or other. The repeated calls of "out of paper, out of ink, out of sorts, aid cf copy," & are enough, in all conscience, to put him out of patience, particularly when added to some other ve-in-Z l'oy", such as his da-il makes an Out, and his letters draw out, his balls are Worn o, and his paper U late out. If it of all the out,?, which orr-ranks. out-wx. an 1 of-raCall the others, OUT OF MO - MA off-heats all the rest. We spcv.k out ' on this (i-rageoiis subject, ncntie reader, : beeatise sad experience has applied these disruurainj;; words to u in all their varioa ramiti.'ations. Btunju-it now sadly troubled with that o-raeoH cut of, of all others, it Ins drawn out O; us tins philipie lii ns AX.Jourdon Courier. FEMALE iNTREnniTY. While the war of extermination befween the Indian and K ntuckian was at iis height, those wh, inhibited the bu .kpartof the state ol K -ntuckv, vcte oo iii-u to nave ineir nousi-h verv strr,r. wn't looo holes all round, and the door aiwoy-j fastened, so s t rtpcl any at tack from the Indians. While the oun CM f one of ihee domestic fortresses Was with his slaves at wodA on the nlm Dation, a negro who was posted near the house, taw approaching a party of Indi itis iiw immediately ran to the house, andfhe l-i einast Indian after him The Ind.an was tin- fi etet anil as the door o-i'e-ci iq admit the ittijr?, they btth

I jumped in together. Tho other Indian

being some distance behind, the door

was instantly closed by the planter's and of managing all their arwirs. as they wife within, when the Indian and negro think proper, and the Chtrokets, in pargrappled Long and hard was t!e strug- ticular, were allowed by the trtaty ol le, for as in the case ol Fiiz James Sc Hopewell, which preceded t he constitu Roderick Dhu, the one was the strong lion, "to send a deputy cl their choice, est. and the other the most expert, but whenever 'h y saw fit, to congress M strength was this time the victor, for Treaties weie made vvn'hsomc tribes by they fell, the Indian below; when the ne the state of New Yor k, under a then sctgro, placing his knees on his breast, and ; tied construction of the cnnU deration, by iiolding his hands, kept him in that posi-; which they ceded alt their lands to that tion, until th? wr,man, seizing the broad ; state, taking back a limited grant to

c at'd takine the Indian bv his lone , hair, at one blow severed his head from

his body The negro then seized the; Though the Indians are acknowgun?, fired them at the other Indians, ledged to have an in questionable and

which as fast as discharged were loaded again by th; planter's wile, until the par-, ty from the field, hearing the firing, arrived, and the Indians took flight. SUPREME- COUUT OF T IT E U The (Jlnrol.ee Xot'cn . the State cj i Ireorgut. JAM AI'.Y TI'.RM, b'M .

upmion ot tne aapitme ui : tne Uni-i cupj. a territory to hich we asseit a tiled btatej, delivcved by Mr. Chief Js-! tfc indepci.deni ol their wiH, which must tice Marshall, on a motion ot the Chero- . , rr i , , Vll- e . . i take effect in noini ol possession when kec rsatioa tor a writ oi injunction ana su-; . .. 1 ' )arr,a against the State of Georgia. j Uien nShl ot possession ceases ,ean The bill is brought by the Cherokee' uhlle xhtY arc ln a slat ot pupilage rwtinn. nrMiino- .-.n irnnr.piinn m rpirain' fhcir relations to the United States re-

the state of Georgia from the execution ot certain laws of that state, which, as alleriged, go directly to annihilate the Cherokee as a political society, and to seize for the use ol Georgia, the lands ot the nation, which have been assui d to them by the United Slates in solemn treaties repeatedly made and still jn force If courts were permitted to indulge their sympathies, a case better calculated to excite then can scarcely be imagined. A people once numerous, powerful, and truly independent, found bv our ancest Grs in the quiet and uncontrolled pusses I 3IUII Ul dll U Hi U 1 1 V..U IIIU 111 11 I U il I V Sill K - rt - j ing beneath our superior policy, our arts and our arms, have yielded tneir lands by successive treaties, each of which contains a solemn Mjarantcc of the residue, until they retain no moie of their former extensive territory than is necessary to their comiortabie subsist ence. To preserve this remnant the present application is nacle. Belorc we can look into the merits of the case, a preliminary inquiry presents itself Has this court jurisdiction of the cause? The third article of the constitution de scribed the extent of the judicial power The second section closes an cnumcra lion of the cases to which it is extended, wi'.h l4controversies" "between a state or citizens thereof, and foreign states, citizens, or subjects ' A subsequent clause of the same section givesthe su prernc court original jurisdiction in all cases in which a state shall be a party The party defendant may then unquestionably be sued in this court. May the plaintiff sue in it? Is the Cherokee nation a loreign state in the sense in which that term is used in the constitution? The counsel lor the plainiilT have maintained the affirmative of this proposition with great earnestness and ability So much of the argument as was intend id to prove the character of the Chero kecs as a state, as a distinct political so ciety, separated from otheis capable of 1 managing its own affairs and governing kseif, has, in the opinion of a majority of the judges, been completely successful I hey l ave been uniformly treated as a state from the settlement ol our coun try. The numerous treaties made with thsm by the United States rcconnize i them as capable ol maintaining the rcla ; tttns t.f peace and war, of being respon si!jle in their political character for any j violation of their engagements, or for any aggression committed on the citizens j ot the Uni'.ed States by any individual of i their community. Laws have been en acted in the spirit of these treaties. The acts of our government plainly re cognize the Cherokee r-a-ion as a stale, and the courts arc bound by those acts. A question of more difficulty remains Do the Cherokees constitute a foreign state in the sense of the constitution? The counsel have shown conclusively that they are not a state of the Ui ion, Sc have insisted that individually they are a liens, net owing allegiance to the United Mates. An atrirreira'e of aliens comno sing a state must, tht y say ' be a foreirn , - cine- foreu-mt ! state Lach individual b 'lhe whole state must be foreign TNic ar.,nn,pni ic imnti.wr t-.ii t p must examine it moreclo.clv before we! yield to it. I'he condition of the Indians in relation to the United States is perhaps uniiks that of any other two people in existence. In the general, nations not oa ing a common allegiance are loreign to each other The term foreign nation is, with strict propriety, applicable by either to the other But the re ations ol the Indians to the United States is mat lied by peculiar and catdinal distinctions which exit no where else The Indian territory is admitted to compose a part of the United S'ates. In ii ...w Kic : lories, and bus, it is so considered In a'l our intercourse w ith foreign nations, in our commercial regulations, at any at tempt between Indians and foreign na tions, they are considered as wi Inn the judicial limits of the United States, sub jeet to many of those restraints whi&i ate impost d upon our own citizens. I hev acknowledge themselves in their t ea ies i be und r the nrotc rtion r.f t.e United States; ihcy auuiiulut the Uni

ted States have the sole and exclusive i

rijjht ot reuiating the trade uithtUem, themselves, in which they aumit ineir dependence. heretofore unqut stiom d ngiu to the Unds i hey occupy until that right shall ! be extinguished by a voiun aiy cession j

to our government, yet it may well bejtoreign nations, not we presume because j

doubted whether those tribes, wl ich re ! side within the boundaries ot the United ' States, can with strict accuracy be deno rninated. foreign nations. I hey may ( nwrp mrffr.ils ncrhans be deriominatLfl i i - r lint intiL 1 li.-aT r f UUIilLMIL UtlRIIUllll IIUIIUII3. 1 III! sernbles that ol a ward to his guardian I hey look to our government for pro lection, rely upon Us kindness and its power, appeal to it for relief to their ( i a warns, ana auaiess toe president as men greal at.her. i bey and their country are considered by loreign nations as well as by ourselves, as being completely un o'er the sovereignty and dominion ol the i United States, that any attempts to ac iTlire their landa or to form political connexion with them, would be consio'e red by all as an invasion ot our territory, and an act ot hostility 1 hese considerations go far to sup port the opinion that the framers of our constitution had not the Indian iribes in vitw, when they opened the courts ol the Union to controversy s between a state or citizens thereof, and foreign states. In considering this subject, the habits ai d usages ot the Indians, in their inter course with their white neighbors ught not to be entirely disicgat (led. At the time the constitution was liamed, the idea of appealing to an Amei ican cou t of justice IroiTi an asset tiou ol right or a redress ot wrongs had perhaps neve entered the mind ol an Indian or of his tribe. Their appeal was to the tomahawk or the government 'I his was well understood by the statesmen who framed the constitution ot the United States, and might fui nish some reason tor omitting to enumerate them among the parties who might sue in the courts of he Union. Be this as it may , the pe euliar relations between the United States and the Indians occupying our territory, are such that we feel much dif ficuity in consider ing them as designated by the term tortign state, where there is no other part ot the constitution which might shed light on ihe meaning ot these words. But we think that in construing them, considerable aid is furnished b that clause in the eighth section of the third article which empowers congress to 'regulate commerce with foreign na tions, among the several stales, and cviih the Indian u ibes " In this clause they are as clearly con tra distinguished by a name appropriate to themselves, from foreign nations as f om the several states composing tht U nion They are designated by a disti' cr j appellation, and as this application can; be applied to neither of the others, nci ther can the appellation distinguishirg ' citht r ot ihe others be in a fair constr uc- ' tron app.icd to them. I he objects to which the power of regulating com merce might be directed, are div.ded into three distinct classes lor ergn nations, the several states, and t ,c Indian tribes, When framing this article, the con m-rttrr r r l-i 1 r - rhin . c nrliroln rlir ' v miun . uuoiuv, i vtl uiv.ui g o v mil lij linct. We cannot assume that the dis tit.ction was lost in framing a subsequent article, unless there be something m its language to authorize the assumption, 'i he counsel lor the plaintiff-, contend that the words Indian tubes" were in I irodjeed into the article empowennc: , . , . r congress to regulate commerce for the put pose ol removing those douo's in l . i f w i n- i which the management ot Indian . affairs : 0 i i i .i i r u wa; involved bv the language of the ronferlPrMinn i ,hJ 1 W h o 1 e no'.vcr ot niana.'Kip- those atT im to the. government about to be iostituu d,

the convention confined it explicit., U ,"L:'u'"i munugmieni oj omitted those quatifications w hich em c oj the firm; and they hope liwt their bartassed the exercise of it as grained lnvanhlr lipo.utton to accommodate in the confederation This may he ad- j 'nJl (nsurc than a iharc J V"llic patromi':cd without weakening the construe-' ,ac'

Hon w hich has been intimated Had the' Indian trihes been torpitr?, natn.r.s in ihp. view ol the convention, this exclusive power of regulating intercourse with them might have been and most proba bly wou.d have been sp cine ally given in language contra distit gui.hing them trcm loreign nations Congress might have been empowered "to regulate commerce with loreign nations, incluning the Indun tribes, and among the several states" This lanpuacc would have suggested itself to statesmen who considered the Indian tribes as nations, and were vet desirous tinning them particularly. 4 l has also been said that the s?me words have net necessarily the same mi-amok attached to heir, u hen found in - ' diffcrtot patta of the same instrument.

Their meaning is controlled by the con

text. J Ms is U' UouVedy true In common languagt the saw e wr.d has vaiious meanings, and the pt culiai sense in which it is used in any sentence is determined by the context; this may not be tqual!) true with respect to proper name Foreign r ations is a get erai term, the application of whi'h to Indian tribes when used in the American constiution, is at best extremt ly quts tionabk. In one article in which a power is given to be exercised in regaid ro foreign nations ger tially, aid to the In dian tribes particularly, they are mm lioned as separate, in terms clear;y contra distinguishing thttn hum each o ther We nerceive niainiv that the con stitution in this at ticle does not compre hend Indian tribes in the genei al term j a tribe may not be a nation but because it is not loreign to the United IStaics When aherwards the term loi tign state is introduced, wt cannot impu:.e to the conven'ion the intf.ntinn io rlr'.ert itformer meanir g, and to comprehend In dian tribes wrhin it, unltss the conti xt force that construction cn us Y find nothing in the context, and nothing in the subject which leads to it. The coun has bestowed its best at tention on this question, and af'er mature deliberation I e majority is of opi nion, ti at an Indian tribe or nation within the United .States is no a foreign state in the sense of ihe constitution, c cannot maintain an action in the courts ot the United States A serious additional objection exists to the jut isiliction ol the court Is the matter of the hill the ptoper suject for judicial inquiry and dtciion? I' seeks to restrain a state irom forcible exer cise ot legislative power s over a neigh boring people asseiting their indtptn dence, theii right o which the state de nies On several ol the matters aliedg ed in the bill, for example on the laws making it criminal to exercise the usual powir ol selt government m t heir own country by the Cherokee nation, this court cannot interpose, at least in the form in vh.ch those matters ae pe senied The part ot rh bill which le spects the lands occupied by ihe Indians, and pray the aid ol the cout t to protect their possessions, may be moie doubt lul The mete questions of right might perhaps be decided by this court in a proper case with prope. parties But the court is asked ro do more than decide on tht title The bill nquiies us to control the legislation ol G orgia. and to restrain the execution ot its phy sical force The propriety ol such an intei position by the court may well be questioned. It savors too n urh of the exercise of political power to be within the proper province of the judicial dc paitment. But the opinion en he point respecting panics making it unnecessa ry to decide this question II it be true that the Cherokee nation have rights, this is not the tribunal in which these rights are to be asserted If it be uue that wrongs have been in flictcd, and that still greater are to be appichended, this is not the tribunal which can redress the past or prevent the future The motion for an injunction is denied r - HAM! the ptea6i;re nf informing their friend and the public generally, that the tj have reeeivca, ana are now opening, a genital assortment of merchandize, among i hich will be found Supcrlne Black, lUic. (tlivc. llrnirn nml llrt-rn ninth v I )(rwr broint gh t-bluv cabinets Red White anA Great Flannel Rom i Muckhiaw and Point Blanket Suoer v,nrl Ifll1- , ,lt,sfrinS:,L. n. ,,h j , Velcet,-Bomba,ett, Paia, Cam- . I .J. ,;,,;,., ;or, n,jVrf rW ' ionable Bonmt and Belt Ribbon, Leghorn Bonnet, Fancy Soap y Cologne Water, Silk and Marseilles Vesting.', Brou n and Bleached Domestics, Prunella, Morocco and Mcn.s' Leather Shoes Fine and Common Hats, ic. Afc. together with 1 v t j A Castings, trexli Groceries and (Juccn.s- , . ... . i , . . - , J , (I'll tl W It .- Ill II. , J , . , produce ot ant utnd. , I hey take this opp iowei rates jor casu or merchantable opportunity of inform- ' J"- ' . . . J v flU "f future Uatetttanlhmetit will l "" v l" " u,,u ;u:i-iv-i. December., lS3i 47-tf HITT &. ORRICK I lure just rca iced fom Baltimore a FKr.SU SlITLY OF o Paints, (,ils and DYE STUPFS.

. f,, reign They arc dett rmined to stil at a small adof men- ' xance aml tMt-v respectfully solicit th paI tronage of Physicians and others.

Vincennes, May 25, 1831 1G tf

Sntf futures For Apprentices, for saJe at this Ofllce.

'Jv rJTJJ ppJTSiXS!

Of tt.C tLiUUtt! N pu:uancr ct law. 1, ANLkhW Jl JAi K)N, Picssdtnt c.i u L d Statts i Amine, do frothy tii io and make known, that pub iv s & ill be hi Id at i he undercut!. ticr.td Lai t: Ufces, in tht sute ot Indiana, at m. joi o s designated, lot the saie ot the la.da hcrrinalu t nentir r ed, v iz : At the Lard Of.ce at Vtr.ccnr.es. en the 3d Mot.i.ux, i July ntxi And at the Land JJ.ce at J 'rjfr tonvttlcy en he st JlJmday n ,jugut ntx , For the disp.b . o, such umquixitd arid reverted lanes, within the pioeti! i : . : . .. f .u....j: . exposed to ublic sale. subs out nt y to tht ir iclinquishment or icvtisioi io iho United S-aies. as stiad not, pi ior to tt.o for o- redeeri'cd. agreeably to the pit visions of the Act ol Cor gress, appit td on the 3lsr day ot March, 1850. t nut. d ; 'Ar Act tor the relict ct the puichascta ot the public lands, and for th sup; sion ot irauduient practices at the pib ic sales ol the lands of tht Unittd mj, t' and ot the Act jupplcmt mat y ihcteicj approved on the 25' h c'ay .d Fi t .831. Ai the Land Offict at Jcrt llaLne.cn the 1st Munday of Junt nexi. For the sale ot the following u. nships, viz . Township thvty txvo, north, of Range (cn. east ; Township thvty threet noilh. of Rar.ge6 nine, ten, elivnt and tzvazc, east ; Township thirty f cur, noith, of Ranges, nine, ten an tltven, tasi ; low rship thirty Jive, noun, of Rngcsjfrr. six stven, eight, and rine. east ; Township thirty six, r.orth, cf Ranges, thrte,four. five, six, seven, e gh(y and nine, t sr ; lowr ship thirty even. north, cf Rar gt s Jiie, six. nd htven tast ; I own-!. it tfntiy right noith. of RarigesjSre, sir, seven, eight, aria ninep t as: ; At the Land Office at Cravfcrdsvdle, crs the 2d Monday in June nrxi, F m -he disposal ol tht und-rrotntion-ed I ownsliipb and Fractional townships, viz : Fractional township thirty f cur, i ortb ot Range three w est ; FVactiona tow nship thirty five, north of Range izvo w est ; Fractional township thirty ix, roith, ot Range cne west ; F- o tional township thirty seven, rorth ol Rti ges four, Jive, six, eevm, and eight, wts ; F oC'ional township thirty seven, nortfc ol Range one east ; Also, at the same times and places, will be exposed to public sale wrhrut reserve, all secliors or parts ot sections, subject to be sold by the United States, and situate within the resptctivt iinuts of the aforesaid Land Districts, and within any township hetetofote c fferetl at public sale, which may not hac Lceo hcretolore exposed to public sale Lists of the particular tracts ol land may be had at the respective L&nd Graces above named The sales will be kept open for a tftm not exceeding two weeks, and no 'oi ger than may be necessary to c flf r all the tracts intended to be tmbracfri by Lis proclamation, and the lands irser ved by law for the use of schools, or lor o'ticr pur poses, will beexclrjded from sale. Given under my hand at tht C ity of Washington, 'he 25th dfv ' Much, I83I. ANDREW JA( K.:ON. Bv th Prt sid t. : Elijah Hat ward, CcnmV of if-.: General Land Office April 23 12NOTICE. 1URLIC notice is htiehy given, that sis weeks after date, ;pj lieation v ill be u;;ide to the Register of the Land Om e at Vincennes. for the renewal of a certificate of further credit in my name fr the nirlh taZ quarter of section r.umber btrrecw, in the Ktwnsnip numner iTJitve north, in rargc number nine wet, in the district cf Vin cennt , the original having been lost cr destroyed. Given under my hand, at Vincennes, this Cth day cf Mav, 1831. JOHN HAMILTON. 13-61. SPRLXG AM) SUMMER GOODS. Has just receivf.d a htplv or Foreign and Domestic DiiY GOODS. Among: t uhich are the newest patlrrxs and latent ,-ty!c Calicoes, Uiua:-?, ItorKN Caimeres Scc. He ha? also received IRON. CASTINGS SALTij' TAB ALSO 50 BARRELS FLOUR on coxsigrment, And respectfully solicits u cuntinuance c ptd lir patronage. Vim ennes, Mav 17f 1831 l;"-:f Jl few pounds uflVcol u aiUcth